I don't think Apple were the first for many of their designs. However, they brought in many designs and and made a great new design by combining all these factors. Samsung then just copied wholesale. Hell, Google warned them about it.
Therein lies the difference
Only in the US and Germany, though, as mentioned before. Since we know there's no violation in the UK and the Netherlands, due to the different laws, but only in Germany and the US, does this mean they only copied in those two countries?
You said earlier they have found their own design language. However, this also doesn't stop Apple from continuing to sue them over all their new devices either.
Samsung may have copied, but the things they copied are, IMO, unprotected. They didn't cause any trademark infringements. The devices doesn't confuse the consumers (you don't buy a S3 thinking you bought a iPhone).
When one looks at the Lance Armstrong story, and watches documentaries like these (http://www.youtube.com/watch?v=D3IsCPOADc4), one cannot help losing faith in "the systems" to get it right. Lance got away for so long, but was eventually cornered ... but he almost got away ... and I believe there is a heck of a lot that he's not saying (because very powerful people/organisations will not appreciate it. In the Oprah interview he was protecting people/organisations). The Franklin Cover Up is one of those things that just won't go to rest ... we might one day (as with Lance) get final resolution.
I just don't trust the American legal system at all. Samsung get nailed in the States but not elsewhere ... "interesting" jury foreman ...
Big money and National interests at risk ...
The Armstrong saga just proved that one can never be sure that there is no rigging of the system going on.